Netanyahu warrants remain operative

Péter Magyar said on May 23 that Hungary was withdrawing its intention to leave the International Criminal Court, preserving the court’s legal reach over Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant if they travel there. France moved separately the same day, saying Israeli National Security Minister Itamar Ben-Gvir was barred from entering French territory after videos showed him taunting detainees from a Gaza-bound flotilla. The two steps came from different legal tracks, but both added to European pressure on senior Israeli officials. The ICC warrants for Netanyahu and Gallant were issued on November 21, 2024 and remain in place, according to the court. ### Why did Hungary’s decision matter if it had already talked about leaving? Hungary’s government had previously advanced a withdrawal from the ICC, and Prime Minister Viktor Orban had publicly challenged the court’s warrant against Netanyahu. But the Jerusalem Post reported on May 23 that Magyar, now prime minister, said the government was withdrawing Hungary’s intention to leave the court. That means Hungary remains a state party to the Rome Statute, the ICC’s founding treaty. (jpost.com) The ICC said on November 21, 2024 that its Pre-Trial Chamber had rejected Israel’s jurisdictional challenges and issued arrest warrants for Netanyahu and Gallant. The court said it found reasonable grounds to believe the two men bore criminal responsibility for alleged war crimes and crimes against humanity connected to the Gaza war. As long as Hungary remains in the court, those warrants stay formally operative on its territory. (jpost.com) ### What exactly are Netanyahu and Gallant accused of by the ICC? The ICC’s November 21, 2024 statement said the chamber found reasonable grounds to believe Netanyahu and Gallant were responsible for the war crime of starvation as a method of warfare and for crimes against humanity including murder, persecution and other inhumane acts. The court said the alleged conduct covered the period from at least October 8, 2023 to May 20, 2024. (icc-cpi.int) Israel has rejected the court’s jurisdiction and denied the allegations. The ICC statement said the chamber also rejected Israel’s challenges under articles 18 and 19 of the Rome Statute before issuing the warrants. ### What did France do to Ben-Gvir, and why? France said on May 23 that Ben-Gvir was banned from entering French territory. Jean-Noël Barrot, the French foreign minister, said on X that the decision followed Ben-Gvir’s “unspeakable actions” toward French and European citizens who were passengers on the Global Sumud Flotilla. (icc-cpi.int) AP and other reports said videos posted from Ben-Gvir’s account showed him shouting at bound or kneeling detainees after activists from the flotilla were detained by Israeli police. (icc-cpi.int) Courthouse News, citing the footage and official reactions, reported that about 430 detainees were involved and that even Netanyahu condemned Ben-Gvir’s on-camera treatment of some of them. (usnews.com) ### Is France’s move connected to the ICC case? France’s action against Ben-Gvir is not part of the ICC case against Netanyahu and Gallant. The ICC warrants are judicial orders issued by an international court; France’s step is a national entry ban announced by its foreign minister. The measures target different Israeli officials and arise from different events. (courthousenews.com) Still, both actions affect where Israeli officials can travel in Europe. Hungary’s decision removed one possible gap in ICC coverage, while France imposed a direct restriction on Ben-Gvir’s entry. ### What comes next for Israeli officials traveling in Europe? The next concrete test is travel. Any visit by Netanyahu or Gallant to an ICC member state in Europe would revive questions about whether that state would execute the November 21, 2024 warrants, while Ben-Gvir cannot enter France under the ban announced on May 23. (icc-cpi.int) The ICC warrants remain posted by the court, and Barrot said France’s decision was effective “as of today.” (jpost.com)